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Criminology Schools Garnering 100% Passing Percentage In The October 2013 Examination

1. CAGAYAN STATE UNIVERSITY- SANCHEZ MIRA
a. Passed - 11
b. First Timer - 11
c. Repeaters - 0

2. CAVITE STATE UNIVERSITY (DON SEVERINO AGR'L. COLL.)
a. Passed - 20
b. First Timer - 20
c. Repeaters - 0

3. CEBU SACRED HEART COLLEGE
a. Passed - 1
b. First Timer - 1
c. Repeaters - 0

4. CENTRAL COLLEGES OF THE NORTH
a. Passed - 1
b. First Timer - 0
c. Repeaters - 1

5. DAVAO WINCHESTER COLLEGES
a. Passed - 4
b. First Timer - 4
c. Repeaters - 0

6. DEL SUR GOOD SHEPHERD COLLEGE
a. Passed - 1
b. First Timer - 1
c. Repeaters - 0

7. EASTERN LUZON COLLEGES-BAMBANG
a. Passed - 15
b. First Timer - 15
c. Repeaters - 0

8. EASTERN LUZON COLLEGES-LA TRINIDAD
a. Passed - 39
b. First Timer - 39
c. Repeaters - 0

9. EASTERN SAMAR STATE UNIVERSITY-MAYDOLONG(for. MAYDOLONG NAS)
a. Passed - 6
b. First Timer - 6
c. Repeaters - 0

10.HOLY ANGEL UNIVERSITY
a. Passed - 27
b. First Timer - 27
c. Repeaters - 0

11.HOLY CHILD COLLEGE OF BUTUAN
a. Passed - 7
b. First Timer - 6
c. repeaters - 1

12.HOLY CROSS COLLEGE-STA. ROSA
a. Passed - 2
b. First Timer - 2
c. repeaters - 0

13.IMMACULATE CONCEPTION ARCHDIOCESAN SCHOOL
a. Passed - 1
b. First Timer - 0
c. Repeaters - 1

14.JOSE RIZAL MEMORIAL STATE COLLEGE-RIZAL
a. Passed - 1
b. First Timer - 0
c. Repeaters - 1

15.JOSEFINA H. CERILLES STATE COLLEGE-MAIN-MATI(JHCPC)
a. Passed - 3
b. First Timer - 3
c. Repeaters - 0

16.NEGROS OCCIDENTAL SCHOOL OF FISHERIES
a. Passed - 1
b. First Timer - 1
c. Repeaters - 0

17.NUEVA ECIJA COLLEGES
a. Passed - 1
b. First Timer - 1
c. Repeaters - 0

18.SAINT FRANCIS INSTITUTE OF TECHNOLOGY
a. Passed - 1
b. First Timer - 1
c. Repeaters - 0

19.ST. BOSCO COLLEGE OF NORTHERN LUZON
a. Passed - 3
b. First Timer - 3
c. Repeaters - 0

Although the above mentioned schools have 100% passing percentage, You may observe that 4 of them have repeaters and 15 are all first timer.

You may also observe that 8 of the above mentioned schools have only one
examinee.

Having a 100% passing percentage is not the sole basis of judging the quality of instructions in a school. The above mentioned data is for information purposes only which may aid the prospective criminology student in choosing the right criminology school for him/her.

Based on the data above, the following schools seems very good.
1. Eastern Luzon Colleges - 39 passed
2. Holy Angel University - 27 passed
3. Cavite State University - 20 passed
4. Eastern Luzon Colleges - 15 passed
5. Cagayan State University - 11 passed

Related Post:

Arbitrary Detention

On Criminal Law

Arbitrary detention

ART. 124

Any public officer or employee who, without legal grounds, detains a person, shall suffer;

1. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period, if the detention has not exceeded three days;

2. The penalty of prision correccional in its medium and maximum periods, if the detention has continued more than three but not more than fifteen days;

3. The penalty of prision mayor, if the detention has continued for more than fifteen days but not more than six months; and

4. That of reclusion temporal, if the detention shall have exceeded six months.

ELEMENTS:
1. That the offender is a public officer or employee (whose official duties include the authority to make an arrest and detain persons);
2. That he detains a person; and
3. That it was without legal grounds.

NOTES:

Arbitrary detention is the deprivation by a public officer of the liberty of a person w/o any legal ground.

Though the elements specify that the offender be a public officer or employee, private individuals who conspire with public officers can be liable as principals.

Legal grounds for the detention of any person:
a. commission of a crime

b. violent insanity or other ailment requiring compulsory confinement of the patient in a hospital

Grounds for warrant-less arrest:
a. Crime is about to be, is being, or has been committed;
b. Arresting officer must have personal knowledge that the person probably committed the crime; or
c. Person to be arrested is an escaped prisoner.

CLASSES OF ARBITRARY DETENTION:
1. By detaining a person without legal ground
2. Delay in the delivery of detained persons to the proper judicial authorities
3. Delaying release

A public officer is deemed such when he is acting within the bounds of his official authority or function.

A police officer who employs force in excess of what is necessary is acting outside the bounds of his duties and is considered acting in his private capacity.

In a case decided by the Supreme Court a Barangay Chairman who unlawfully detains another was held to be guilty of the crime of arbitrary detention.
- This is because he is a person in authority vested with jurisdiction to maintain peace and order within his barangay (Milo v. Salanga,1987).

There must be an actual restraint of liberty of the offended party.
- The crime committed is only grave or light threat if the offended party may still go to the place where he wants to go, even though there have been warnings.

If the offender falsely imputes a crime against a person to be able to arrest him and appear not determined to file a charge against him, the crime is arbitrary detention through unlawful arrest (Boado, Comprehensive Reviewer in Criminal Law).

Rolito Go v. CA is an example of arbitrary detention (Judge Pimentel)

Ramos v. Enrile:
Rebels later on retire. Once you have committed rebellion and have not been punished or amnestied, the rebels continue to engage in rebellion, unless the rebels renounce their affiliation. Arrest can be made without a warrant because rebellion is a continuing crime.

Arbitrary Detention Illegal Detention Unlawful Arrest
1. Offender Public officer who has Private person or Any person.
authority to make arrest Public officer who is
detain persons. acting in a private
capacity or beyond the
cope of his official
duty.

2. Criminal Deny the offended Deny the offended party Accuse the offended
Intent party of his liberty of his liberty party of a crime he
did not commit, deliver
him to the proper
authority and file the
necessary charges to
incriminate him.

Bar Exam Question (2003)

Arbitrary Detention; Elements; Grounds (2006)

What are the 3 ways of committing arbitrary detention? Explain each.

Cockfighting Law Of 1974

On Criminal Law

Presidential Decree No. 449

Holding of Cockfights – Cockfighting shall be allowed only in
licensed cockpits on
1. Sundays
2. Legal Holidays, except: December 30, June 12, November 30,
Holy Thursday, Good Friday, Election or Referendum Day and
during Registration Days for such election or referendum
3. During local fiestas for not more than 3 days
4. Provincial, city or municipal agriculture, commercial or industrial
fair, carnival or exposition for a similar period of three days
upon resolution, subject to approval of Chief of Constabulary or
his authorized representative—not allowed within month of local
fiesta of for more than two occasions a year in same city or
municipality

Cockfighting for Entertainment of Tourists or for Charitable Purposes:
Chief of Constabulary or his authorized representative may also allow
the holding of cockfighting for:
1. Entertainment of foreign dignitaries
2. Tourists
3. Balikbayan
4. For support of national fund-raising campaigns for charitable
purposes as may be authorized by the Office of the President,
upon resolution of a provincial board, city or municipal council

- In licensed cockpits or in playgrounds or parks
- Extended for only one time, for a period not exceeding 3 days,
within a year to a province, city or municipality

NOTES:

Permitting gambling of any kind in cockpit is punished under the
same Decree (Owner, manager or lessee of cockpit that permits
gambling shall be criminally liable)

Spectators in cockfight are not liable unless he participates as bettor

Gambling in all its forms, unless allowed by law, is generally
prohibited. The prohibition does not mean that the Government cannot
regulate it in the exercise of police power.

There are particular days where Cockfighting and Horse Racing are
allowed. Betting in Horse Races is allowed during periods
provided by law but betting in cockfights is prohibited at all times.

Sports Contests: Betting, Game-fixing, Point- Shaving,
Game Machinations prohibited

Only allows one cockpit per municipality, unless the population
exceeds 100,000 in which case two cockpits may be established;

Cockfights can only be held in licensed cockpits on Sundays
and legal holidays and local fiestas for not more than three days;

Also allowed during provincial, municipal, city, industrial, agricultural
fairs, carnivals, or exposition not more than three days;

Cockfighting not allowed on December 30, June 12, November 30, Holy
Thursday, Good Friday, Election or Referendum Day, and registration
days for referendums and elections;

Only municipal and city mayors are allowed to issue licenses for such.

This decree does not punish a person attending as a spectator in a
cockfight. To be liable, he must participate as a bettor.

Mendicancy Law of 1978

On Special Crime

Mendicancy Law

Mendicancy Law of 1978

PD 1563

Persons liable:
1. Mendicant – Those with no visible and legal means of support, or lawful employment and physically able to work but neglects to apply himself to lawful calling and instead uses begging as means of living (higher penalty if convicted 2 or more times)
2. Any person who abets mendicancy by giving alms on public roads, sidewalks, parks and bridges except if given through organized agencies operating under rules and regulations of Ministry of Public Information

NOTE: Giving alms through organized agencies operating under the rules and regulations of the Ministry of Public Information is not a violation of the Mendicancy Law.

Under R.A. 9344 persons below eighteen (18) years of age shall be exempt from prosecution
for the crime of vagrancy and prostitution under Section 202 of the Revised Penal Code, of
mendicancy under Presidential Decree No. 1563, and sniffing of rugby under Presidential
Decree No. 1619, such prosecution being inconsistent with the United Nations Convention
of the Rights of the Child:

Those enumerated in section 4, who are not considered mendicants are the following:
1. Any infant or child 8 years old and below who is found begging or is being utilized by a mendicant for purposes of begging
2. Any minor over 9 years of age and under 15 found begging or is being utilized for purposes of begging, and who acted with or without discernment
3. Any person who is found begging and who is physically or mentally incapable of gainful occupation

Who are punishable?

1. A mendicant shall, upon conviction, be punished by a fine not exceeding P500.00 or by imprisonment for a period not exceeding 2 years or both at the discretion of the court.
2. A habitual mendicant (one who has been convicted of mendicancy under this law 2 or more times) shall be punished by a fine not exceeding P1000.00 or by imprisonment for a period not exceeding years, or both at the discretion of the court.

Who Are Public Officers

On Criminal Law

Who Are Public Officers?

ART. 203

Who are public officers. - For the purpose of applying the provisions of this and the preceding titles of this book, any person who, by direct provision of the law, popular election or appointment by competent authority, shall take part in the performance of public functions in the Government of the Philippine Islands, of shall perform in said Government or in any of its branches public duties as an employee, agent or subordinate official, of any rank or class, shall be deemed to be a public officer.

Requisites:
To be a public officer, one must be -
1. Taking part in the performance of public functions in the Government, or performing public duties as an employee, agent or subordinate official, of any rank or class, in the government or any of its branches; and
2. That his authority to take part in the performance of public functions or to perform public duties must be -
a. by direct provision of the law, or
b. by popular election, or
c. by appointment by competent authority.

Notes:

Public officers include every public servant from the lowest to the highest rank provided that they exercise public functions.

A government laborer is not a public officer. However, temporary performance by a laborer of public functions makes him a public officer.

Officers and employees of government owned and controlled corporations but not those of a sequestered corporations.

Malfeasance
Doing of an act which a public officer should not have done
Malfeasance:
1. Direct bribery
2. Indirect bribery

Misfeasance
Improper doing of an act which a person might lawfully do
Misfeasance:
1. Knowingly rendering unjust judgment
2. Rendering judgment through negligence
3. Rendering unjust interlocutory order
4. Malicious delay in the administration of justice

Nonfeasance
Failure of an agent to perform his undertaking for the principal
Nonfeasance:
1. dereliction of duty in prosecution of offenses
2. betrayal of trust by an attorney or solicitor – revelation of secrets

Bar Exam Question (1999)

Public Officers; definition (1999)

Who are public officers?

Suggested Answer:

Public Officers are persons who, by direct provision of the law, popular election or appointment by competent authority, takes part in the performance of public functions in the Government of the Philippines, or performs in said Government or in any of its branches public duties as an employee, agent or subordinate official, of any rank or class (Art. 203, RPC)

Article 114. - Treason

On Criminal Law

Article. 114. Treason.- Any Filipino citizen who levies war against the Philippines or adheres to her enemies, giving them aid or comfort within the Philippines or elsewhere, shall be punished by reclusion perpetua to death and shall pay a fine not to exceed four million pesos (P4,000,000).

"No person shall be convicted of treason unless on the testimony of two (2) witnesses at least to the same overt act or on confession of the accused in open court.

"Likewise, an alien, residing in the Philippines, who commits acts of treason as defined in paragraph 1 of this article shall be punished by reclusion temporal to death and shall pay a fine not to exceed Four million pesos (P4,000,000)."

"Light felonies are those infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding forty thousand pesos (P40,00) or both is provided."

What is Treason?

ELEMENTS:
1. Offender is a Filipino citizen or an alien resident
2. There’s a war in and Philippines is involved; and
3. Offender either –
a. Levies war against the government; or
b. Adheres to enemies, giving aid or comfort

PERSONS LIABLE:
1. Filipino – permanent allegiance; can commit treason anywhere
2. Alien Residing – temporary allegiance; commit treason only while residing in the Philippines

Notes:

Treason committed in a foreign country may be prosecuted in the Philippines. (Art.2, RPC)

Treason by an alien must be committed in the Philippines. (EO 44).

Treason – breach of allegiance to the government by a person who owes allegiance to it.

Allegiance – obligation of fidelity and obedience which individuals owe to the government under which they live or to their sovereign, in return for the protection they receive.

Treason is a war crime, punished by the state as a measure of self-protection.

Committed in times of war (not peace) when
- There are actual hostilities
- No need for a declaration of war.

Mere acceptance of public office and discharge of official duties under the enemy do not constitute per se the felony of treason. But when the position is policy-determining, the acceptance of public office and the discharge of official duties constitute treason.

WAYS TO COMMIT TREASON:
1. Levying war against the government requires:
a. Actual assembling of men
b. Purpose of executing a treasonable design, by force
2. Adheres to enemies – following must concur together:
a. Actual adherence
b. Give aid or comfort

NOTES:

Levying war - must be with intent to overthrow the government as such, not merely to repeal a particular statute or to resist a particular officer.

Requirements of levying war
1. Actual assembling of men;
2. To execute a treasonable design by force;
3. Intent is to deliver the country in whole or in part to the enemy; and
4. Collaboration with a foreign enemy or a foreign sovereign

Not necessary that those attempting to overthrow the government by force of arms should have the apparent power to succeed in their design, in whole or in part.

Adherence – intellectually or emotionally favors the enemy and harbors sympathies or convictions disloyal to his country’s policy or interest.

Aid or Comfort – act w/c strengthens or tends to strengthen the enemy of the government in the conduct of war against the government, or an act w/c weakens or tends to weaken the power of the government or the country to resist or to attack the enemies of the government or country

WAYS TO PROVE:
1. Treason
a. Testimony of at least 2 witnesses to the same overt act
b. Judicial confession of the accused
2. Adherence
a. One witness
b. Nature of act itself
c. Circumstances surrounding act

Notes:

To convict: testimonies must relate to the same overt act, not two similar acts.

If the act is separable, each witness can testify to parts of it; but the act, as a whole, must be identifiable as an overt act.

Confession must be in open court.

Reason for the 2-witness rule
The special nature of the crime requires that the accused be afforded special protection not required in other cases so as to avoid a miscarriage of justice. Extreme seriousness of the crime, for which death is one of the penalties provided by law, and the fact that the crime is committed in abnormal times, when small differences may in mortal enmity wipe out all scruples in sacrificing the truth.

General Notes:

Inherent circumstances - they do not aggravate the crime.
- Evident premeditation is needed to see this picture.
- superior strength
- treachery

Treason is a continuing crime. Even after the war, the offender can still be prosecuted.

No treason through negligence since it must be intentional.

No complex crime of treason with murder – murder is the overt act of aid or comfort and is therefore inseparable from treason itself.

DEFENSE:
- Duress or uncontrollable fear
- Obedience to de facto government

NOT DEFENSE:
- Suspended allegiance
- Joining the enemy army, thus becoming a citizen of the enemy

Death or Physical Injuries Under Exceptional Circumstances

On Criminal Law

Updated Article

ARTICLE 247

ELEMENTS:
1. A legally married person or parent surprises his spouse or daughter (the
latter must be under 18 and living with them) in the act of committing sexual
intercourse with another person;
2. He/she kills any or both of them or inflicts upon any or both of them any serious
physical injury in the act or immediately thereafter; and
3. He has not promoted or facilitated the prostitution of his wife or daughter,
or that he has not consented to the infidelity of the other spouse.

Notes:

This article does not define or penalize a felony, the penalty is destierro.

Penalty of destierro for killer spouse is meant to protect him
from acts of reprisal by relatives of dead spouse.

It is not necessary that the parent be legitimate for the application of this article.

This article applies only when the daughter is single.

Surprise means to come upon suddenly or unexpectedly.

Article does not apply: If the surprising took place before any
actual sexual intercourse could be done or after the actual sexual
intercourse was finished.

Art. 247 is applicable even when the accused did not see his spouse in the act sexual
intercourse with another person. It is enough that circumstances reasonably show that the
carnal act is being committed or has been committed.

Sexual intercourse does not include preparatory acts.

Requisites must be established by evidence of the defense.

“living with parent” is understood to be in their own dwelling because of the
embarrassment and humiliation done to the parent and parental abode

“Immediately thereafter” means that the discovery, escape, pursuit and the killing
must all form parts of one continuous act.

immediately thereafter – may be an hour after proximate result of outrage
overwhelming accused after chancing upon spouse in basest act of infidelity.

The killing must be the direct by-product of the rage of the accused.

No criminal liability is incurred when less serious or slight physical injuries are inflicted.
Moreover, in case third persons caught in the crossfire suffer physical injuries, the accused
is not liable for physical injuries. The principle that one is liable for the consequences of his
felonious act is not applicable, because his act under Art.247 does not amount to a
felony.
If done in a motel, article does not apply.

No criminal liability when less serious or slight physical injuries
are inflicted.

People v. Puedan
Evidence of the victim’s promiscuity is inconsequential to the
killing. The offender must prove that he actually surprised his wife and [her
paramour] in flagrante delicto, and that he killed the man during or
immediately thereafter.

People v. Abarca
The killing must be the direct result of the outrage suffered by the
cuckolded husband. Although about one hour had passed between the
time the accused discovered his wife having sexual intercourse with the
victim and the time the latter was actually killed, it was held that Article
247 was applicable, as the shooting was a continuation of the pursuit of
the victim by the accused. Inflicting death under exceptional
circumstances is not murder. Two other persons suffered physical
injuries as they were caught in the crossfire when the accused shot the
victim. A complex crime of double frustrated murder was not committed
as the accused did not have the intent to kill the two victims.
Here, the accused did not commit murder when he fired at the paramour of his wife.
No aberratio ictus because he was acting lawfully.

Categories

Criminology Schools Garnering 100% Passing Percentage In The October 2013 Examination

Arbitrary Detention

Cockfighting Law Of 1974

Mendicancy Law of 1978

Who Are Public Officers

Article 114. - Treason

Death or Physical Injuries Under Exceptional Circumstances

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